Based on review of studies, reports and court
decisions more particularly described in the footnote below, the City Council finds that sexually oriented businesses
featuring full or partial nudity and/or sexual activities produce
negative secondary effects of increased crime rate, declining or depressed
property values, and a diminished sense of safety and security in
members of the general public. The purpose of this article provision
is to define and regulate sexually oriented businesses, and to prohibit
public nudity in order to minimize or eradicate the negative secondary
effects of sexually oriented businesses and public nudity.
As used in this article, the following terms
shall have the meanings indicated:
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment having as a significant or substantial
portion of its inventory or stock in trade, deriving a significant
or substantial portion of its revenues from, or maintaining a significant
or substantial section of its sales and display space, to the sale
or rental, for any form of consideration, of any one or more of the
following:
A.
Books, magazines, periodicals and other printed
and/or electronic or digital matter, or photographs, posters, films,
motion pictures, videotapes, tape, compact discs, slides, pictures,
cassettes, or any other printed, electronic or recorded visual material
which has as a significant portion of its content or exhibit matter
or actions depicting, describing or relating to specified sexual activities
or specified anatomical areas.
B.
Instruments, devices, or paraphernalia which
are designed for use or market primarily for stimulation of human
genital organs or for sadomasochistic use or abuse of themselves or
others.
C.
"Significant or substantial portion" means 30%
or more of the term modified by such phrase.
D.
"Specified sexual activities are defined herein
as follows:
(1)
Human genitals in a simulated or actual state
of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse
or sodomy;
(3)
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
E.
"Specified anatomical areas" are defined as
less than completely and opaquely covered human genitals, pubic region;
buttock; the nipple and/or areola of the female breast; and human
male genitals in a discernible turgid state, even if completely and
opaquely covered.
F.
"Regular feature or regular basis" is a consistent
or substantial course of conduct such that films or performances exhibited
on the premises constitute a substantial or significant portion of
the films or performances consistently offered as part of the ongoing
business on the premises.
ADULT CABARET
A nightclub, theater, bar, juice bar, restaurant, bottle
club, coffee house or any other building, structure, premises or other
establishment, whether or not alcoholic beverages are served, which
features:
A.
Persons who appear nude or seminude.
B.
Live performances by topless and/or bottomless
dancers, "go-go" dancers, exotic dancers, male or female strippers,
male or female impersonators or similar entertainers, where a significant
portion of such performances show, depict or describe specified sexual
activities or specified anatomical areas.
C.
Films, motion pictures, video cassettes, slides,
electronic, digital or other photographic reproductions which are
characterized by their emphasis upon the exhibition or description
of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT
Any use of land, whether vacant or combined with structures
or vehicles thereon, by which such property is devoted to displaying
or exhibiting material for entertainment, a significant portion of
which includes matter or actions depicting, describing, or presenting
specified sexual activities or specified anatomical areas.
ADULT DANCER OR ENTERTAINER
A person or individual who provides entertainment which may
include dancing emphasizing specific sexual activities, displaying
full or partial nudity or showing specific anatomical areas during
a show, exhibition or work at an adult entertainment business or any
other commercial establishment, except theatrical or movie performances
when such displays of full or partial nudity are not the intended
attraction or occur on a regular basis, "regular basis" being defined
as more than four times per year.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity for less than 50 persons
used for presenting to others motion-picture films, video cassettes,
compact discs, cable television or other visual material which has
a significant portion of any motion picture or other display depicting
or relating to specified sexual activities or specified anatomic areas
for observation by patrons therein.
ADULT MODEL STUDIO
Any place where, for any form of consideration or gratuity,
nude or seminude figure models who display specified anatomical areas
are provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by persons paying such considerations
or gratuities, except that this provision shall not apply to any bona
fide art school or similar educational institution.
ADULT MOTEL
A motel wherein matter, actions, or other displays are presented
for the entertainment of its patrons which contain a significant portion
depicting, describing, or relating to specified sexual activities
or specified anatomical areas.
ADULT MOTION-PICTURE ARCADE
Any place to which the public is permitted or invited wherein
coin- or slug-operated or electronically or mechanically controlled
still or motion-picture machines, projectors, video machines or other
image-producing devices are maintained to show images to five or fewer
persons per machine at any time, and where a significant portion of
images so displayed depict, describe, or relate to specified sexual
activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used for presenting to others motion-picture films, video cassettes,
compact discs, cable television or other visual material which has
a significant portion of any motion picture or other display depicting
or relating to specified sexual activities or specified anatomical
area for observation by patrons therein.
ADULT PERSONAL SERVICE ESTABLISHMENT
Any business, agency, or service which arranges, solicits,
or provides for the benefit of its customers or clients escorts, dates,
models, unlicensed therapists, companions, or entertainers, either
on or off the premises, for the purpose of engaging in specified sexual
activities or specified acts of violence, or displaying specified
anatomical areas as defined herein. These establishments include,
but are not limited to, escort services, exotic rubs, modeling studios,
body painting studios, wrestling studios, baths, theatrical performances,
and photographic studios.
ADULT PHYSICAL CULTURE ESTABLISHMENT
Any establishment, club, or business by whatever name designated,
which provides, offers, or advertises, or is equipped or arranged
so as to provide as part of its services, either on or off the premises,
massage, body rubs, physical stimulation, baths, tattoos, or other
similar treatment by any person. The following uses shall not be included
within the definition of an adult physical culture establishment:
establishments which routinely provide such services by a licensed
physician, a licensed chiropractor, a licensed osteopath, a licensed
or certified physical or massage therapist, a licensed practical nurse,
or any other similarly licensed medical professional; electrolysis
treatment by a licensed operator of electrolysis equipment; continuing
instruction in martial or performing arts or in organized athletic
activities; hospitals, nursing homes, medical clinics or medical offices;
and barber shops or beauty parlors, health spas and/or salons which
offer massage to the scalp, face, feet, neck or shoulders only.
ADULT SEXUAL ENCOUNTER CENTER
Any business, agency, or person who, for any form of consideration
or gratuity, provides a place where three or more persons, not all
members of the same family, may congregate, assemble, or associate
for the purpose of engaging in specified sexual activities or exposing
specified anatomical areas.
SEXUALLY ORIENTED BUSINESS or ADULT ORIENTED COMMERCIAL USE
One or a combination of more than one of the following types
of businesses: adult bookstore, video store or novelty store, adult
cabaret, adult entertainment, adult mini motion-picture theater, adult
model studio, adult motel, adult motion-picture arcade, adult motion-picture
theater, adult personal service establishment, adult physical culture
establishment, adult sexual encounter center, or any commercial establishment
that regularly features the sale, rental, or exhibition for any form
of consideration of books, films, videos, DVDs, magazines, or other
visual representation of live performances which are characterized
by an emphasis on the exposure or display of specific anatomical areas
or specific sexual activities.
It shall be unlawful for any owner, tenant,
person, licensee, agent or employee of any establishment, theater,
bar, tavern, club, business or any other building or place of business
in the City of Rockwood to operate an adult use or sexually oriented
business without first applying for and securing zoning approval of
the location of such adult use and a license for such use from the
City Clerk.
The City Clerk shall approve the issuance of
a license to an applicant within 30 days after receipt of an application
if zoning approval is not required or within 30 days of the issuance
of zoning approval unless the City Clerk finds one or more of the
following to be true:
A. An applicant is under 18 years of age.
B. An applicant or an applicant's spouse is overdue in
payment to the City of taxes, fees, fines, or penalties assessed against
or imposed upon the applicant or the applicant's spouse in relation
to a sexually oriented business.
C. An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question
or request for information on the application form.
D. An applicant or an applicant's spouse has been convicted
of a violation of a provision of this article within two years immediately
preceding the application.
E. Any fee required by this article has not been paid.
F. An applicant or the proposed establishment is in violation
of or is not in compliance with any other provision of the City Code.
G. An applicant or an applicant's spouse has been convicted
of a crime involving: prostitution; criminal sexual conduct; pandering;
indecent exposure; obscenity; sale, distribution, or display of harmful
material to a minor; possession of child pornography; for which:
(1) Less than two years have elapsed since the date of
conviction or the date of release from confinement imposed for the
conviction, whichever is the later date, if the conviction is of a
misdemeanor offense;
(2) Less than five years have elapsed since the date of
conviction or the date of release from confinement for the conviction,
whichever is the later date, if the conviction is of a felony offense;
or
(3) Less than five years have elapsed since the date of
the last conviction or the date of release from confinement for the
last conviction, whichever is the later date, if the convictions are
of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period.
H. An applicant has been operating the proposed business
as a sexually oriented business without a valid license issued under
this article.
I. Operation of the proposed sexually oriented business
would violate the City's zoning ordinances.
(1) The fact that a conviction is being appealed has no
effect on the disqualification of the applicant or applicant's spouse
under Subsection
I.
(2) Except as otherwise provided in this subsection, when
the City Clerk denies issuance or renewal of a license, the applicant
may not apply for or be issued a sexually oriented business license
for one year after the date the denial became final. If, subsequent
to the denial, the City Clerk finds that the basis for the denial
has been corrected or abated, the applicant may apply for and be granted
a license if at least 90 days have elapsed since the date the denial
became final.
(3) The City Clerk, upon approving issuance of a sexually
oriented business license, shall send to the applicant, by certified
mail, return receipt requested, written notice of that action and
state where the applicant must pay the license fee and obtain the
license. The Chief of Police's approval of the issuance of a license
does not authorize the applicant to operate a sexually oriented business
until the applicant has paid all fees required by this article and
obtained possession of the license.
(4) The license, if granted, must state on its face the
name of the person or persons to whom it is granted, the expiration
date, and the address of the sexually oriented business. The license
must be posted in a conspicuous place at or near the entrance to the
sexually oriented business so that it may be easily read at any time.
Each license expires one year from the date
of issuance, except that a license issued pursuant to a locational
restriction expires on the date the exemption expires. A license may
be renewed only by making application as provided in §
126-26.
Application for renewal should be made at least 30 days before the
expiration date, and when made less than 30 days before the expiration
date, the expiration of the license will not be affected by the pendency
of the application.
The City Clerk, upon recommendation of the Police
Chief, the Fire Chief, or the Building Official, may suspend a license
for a period not to exceed 30 days if he or she determines that a
licensee or an employee of a licensee has:
A. Violated or is not in compliance with any provision
of this article;
B. Refused to allow an inspection of the sexually oriented
business premises as authorized by this article; or
C. Knowingly permitted gambling by any person on the
sexually oriented business premises.
After receipt of notice of suspension, revocation,
or denial of renewal of a sexually oriented business license, the
licensee shall, on or before the date specified in the notice, discontinue
operating the sexually oriented business and surrender the license
to the City Clerk.
A licensee shall not transfer his or her license
to another, nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
A violation of any provision of this article
shall be a misdemeanor, punishable as provided in Chapter
1, General
Provisions, Article
I.